Head of International
cooperation in European integration
_______________________ I.O. Shevchuk
“___” _________________ 2015
Dart Aircompany Ltd
________________ V.T. Lysychynok
“___” _________________ 2015
of passengers and luggage air transportation
Dart Aircompany Ltd
- Stop en-route or coordination place of stop (Stopover) 13
- Fees and charges. 13
- Reserving of passengers, luggage carrying. 14
- Registration and handling of a luggage. 24
- Passenger and luggage transportation refusal for providing a security of flights. 25
- Luggage. 26
- Flight Schedule. 34
- Cancellation and Delay of Flights. 34
- Passenger Rights in Case of Refusal to Transportation. 35
- Compensation for delayed luggage delivery. 38
- Duties of the air carrier to inform passengers about their rights. 38
- Refunds. 39
- Behavior on board of the aircraft 41
- Arrangements of carriers. 41
- Successive carriers. 42
- Intermodal transportations. 42
- The air transportation performed by a non-carrier under the contract 43
- Charter operations. 43
- Administrative formalities. 44
- General Provisions
- Rules of passengers and luggage air transportation (hereinafter – the Rules) Dart Aircompany Ltd (hereinafter – air carrier) comply with the Rules of passengers and luggage air transportation, approved by the Ministry of Infrastructure of Ukraine from November 30, 2012 Number 735, registered in the Ministry of Justice of Ukraine on December 28, 2012 under the number 2219/22531 (hereinafter RULES of MIU), developed towards the requirements of requirements of the Regulation (EU) of the European Parliament and of the Council from July 5, 2006 Number 1107/2006 on the rights of disabled persons and persons with reduced mobility when using airspace Regulation (EU) of the European Parliament and of the Council of February 11, 2004 Number 261/2004 on the introduction of common rules of compensation and assistance to passengers in the event of denied boarding and cancellation or long delay of flights, of Council Regulation (EU) from October 9, 1997 Number 2027/97 of carrier liability in the event of an incident, as amended by the Regulation (EU) of the European Parliament and of the Council from May 13, 2002 Number 889/2002, the Montreal Convention 1999, the General conditions of passengers and luggage, established by the International air transport Association (“General Conditions of Carriage (passenger and luggage)”, IATA), and resolutions and recommended practices of the International air transport Association (IATA).
- Ensuring aviation safety in air transportation of passengers and luggage is carried out according to the laws, including the Law of Ukraine “On State Program of Aviation Safety of Civil Aviation.”
- These Rules were developed to establish the general conditions of passengers and luggage carriage on flights operating air flight safety and service quality.
- Terms used in these Rules and the following meanings:
– air carrier – Dart Aircompany Ltd
– aircraft carrier (hereinafter – carrier) – an entity that provides transportation of passengers, cargo air transport, in the case of Ukrainian carrier – under license and operator certificate issued by the competent authority for civil aviation of Ukraine; or in case of a foreign air carrier – based on the relevant document by the competent authority of another country that complies with international treaties that are binding for Ukraine;
– aircraft carrier, which conducts activities – the carrier, which performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger, transports or undertakes to carry the passenger and / or luggage in accordance with the ticket, and undertakes to provide all the other services associated with such traffic, regardless of whether the legal person or natural carrier or the actual carrier under the contract. The term “carrier” includes agents, employees, agents and contractors of the carrier unless these Rules provide otherwise;
– automated booking system / global distribution system – a system that provides display information about flight schedules, availability and fares of air carriers and through which the booking of air navigation services (hereinafter – ABS / GDS);
– handling agent – land service entity authorized by the carrier to carry out operations on the ground handling of passengers and luggage;
– luggage identification tag – a document issued by the carrier to identify the checked luggage;
– exceptional conditions – the conditions under which passengers and luggage do not fall under normal operations and procedures for the operation of civil aircraft, including the conditions under which peacekeepers performed transportation, transportation for disaster or accident, etc.;
– group transportation – transportation of group of people with a common goal of the trip. The minimum number is 15 people;
– days – calendar days, including all seven days of the week, holidays and days off. To determine the period of validity of travel documents, deeds and other documents, and completion deadlines carriage statute of limitations for the claims of the countdown begins from 00 hours a day, following the day when an event or action was committed; the remaining time of the day the calculation does not consider. If the deadline above, a holiday or a day off, the day of expiry is the first working day;
– contract of charter (chartering) aircraft – a contract under which one party (charterer) is obliged to deliver to another party (charterer) for a fee all or part of the capacity in one or more aircraft at one or more flights for passengers, luggage;
– mutilated ticket – ticket status is the fault of the passenger does not allow to identify or read the information contained therein;
– mixed transportation – transportation that is carried out using different modes of transport in one transportation document involving air transport;
– an en-route stop (Stopover) – previously agreed between the carrier and the passenger temporary stop at any point, except the points of departure and destination;
-interline agreement – an agreement on mutual recognition of travel documents and related settlements payments;
– carrier code – conditional letter or alphanumeric designation carrier provided by IATA in accordance with the established procedure, which is used to identify the air carrier to ABS / GDS;
– commercial agreements – any agreements between carriers, in addition to the agency agreement relating to the provision of common services related to air transportation of passengers and luggage;
– compensation for recourse – compensation by way of recourse by a third party;
– the user – a person who uses air transport or has intends to use it;
– itinerary receipt – document (documents) that (which) is part of the electronic ticket and includes necessary information (for example, name of the passenger, itinerary, fare, etc.), and message notification;
– place of departure – the point indicated in the ticket, from which begins transportation of passenger and his luggage;
– convention for the Unification of Certain Rules for International Carriage by Air – made in May 28, 1999 in Montreal (hereinafter – the Montreal Convention);
– exceptional circumstances – the circumstances, which lead to long delays or cancellation of one or more flights, even if the air carrier has taken all reasonable measures to avoid delays or cancellation. Extraordinary circumstances are, including but not limited to, acts of war, riots, sabotage, embargoes, fires, floods or other natural disasters, explosions, acts or omissions of public authorities, strikes, technical barriers resulting from failure or faults, fault systems electricity, telecommunications, communications equipment and software;
– normal fare – extremely flexible fare set for the service first, business, economy class service, sometimes for premium service, which provides maximum flexibility for the reservation seats, ticketing, time of stop, stop-over, combining fares, rebooking and rerouting and the refusal of transportation and so on. The term of the tariff is 12 months;
– the main place of business of the air carrier – the location of the head office, which are made by major administrative and organizational and financial functions of the air carrier;
– the main and permanent residence – one fixed and permanent residence of the passenger at the time of the event. Nationality of the passenger is not a determining factor for determining residence;
– the final time of the passengers processing – the time after which passengers who failed to register or to land the aircraft not be accepted for the relevant flight;
– transit passenger – a passenger who under the agreement on air transportation transported on the same flight, which he came to intermediate airport;
– transfer passenger – a passenger who according to the contract of transportation by air is directed to the point of transfer (stop over at) one flight, and then transported on another flight the same or a different carrier;
– passenger coupon (or passenger receipt) – part of the passenger paper ticket, which remains in the passenger after the carriage and to which are attached message concerning conditions of carriage of the passenger;
– a confirmed reservation – booking which was made in the automated reservation system and confirmed by the carrier. Represented on the ticket (electronic ticket) marked “OK”;
– air transportation – passengers, luggage, cargo or mail performed by aircraft for the appropriate agreement for air transport. Transportation can be international and domestic. International transport – transport, where the place of departure and destination, regardless of whether or not a stop was transportation or handling, or placed in the two different countries, or in one country, if provided consistent stopping in another country. Internal transportation – transportation of passengers and / or luggage on aircraft between places that are located on the territory of Ukraine;
– flight coupon – part of the passenger ticket or in the case of electronic ticket electronic coupon, which defines the respective points of departure and arrival, between which the coupon is valid for passengers and luggage;
– potentially dangerous passengers – category of passengers who carried flight forcibly (escorted, deportees) accompanied by authorized employees of the relevant authorities;
– rules of the carrier – the rules, regulations and technology, established carrier used in the air transportation of passengers and / or luggage, including rules for the air transport of passengers and luggage, fare rules, standards and guidelines for servicing passengers and luggage, order review claims and lawsuits;
– claim – made in writing to the person concerned claim for damages (losses) resulting from domestic or international air transportation;
– flight of ample armor – flight, for which the number of passengers with a confirmed reservation and arrived for registration expiry time processing of passengers exceeds the number of available seats on the flight;
– reasonable measures – adequate measures taken by the carrier to prevent or reduce damage (losses) passenger;
– reasonable time limits – period, a reasonable duration limit at which air transportation passenger (luggage) is two hours or more – on all flights with the range up to 1,500 kilometers; three hours or more – for all flights with the range of 1,500 to 3,500 kilometers; or four hours or more – for all other flights;
– a segment of the route – part of transport between two points, which is part of the complete route and drawn one flight coupon;
– special right of loan (hereinafter – SRL) – the estimated monetary unit used by the International Monetary Fund (hereinafter – IMF) and defined as a basket of currencies whose composition is periodically reviewed the IMF in order to reflect the relative value of currencies in the global trading and financial systems;
– special fare – published fare carrier that has some limitations in terms of its use;
– special conditions – conditions of carriage of passengers and luggage arising from non-compliance of the provisions of these Rules the rules of another country, or the rules of that country set a lower level on the terms of carriage than that established by these Rules, or if another country requires compliance with its rules and thus jeopardized the contract of carriage;
– the entity that provides agency services for the sale of air transportation (hereinafter – sales agent) – a legal entity that operates the sale of air transportation on behalf of the carrier or general agent under the contract;
– tariff regulations – established and published carrier fares and rules for their use;
– agreed halting points – points (except points of departure and destination), as defined in the ticket or shown in the schedule of the carrier as scheduled stopping places on the route;
– a charter flight with a business purpose – a charter flight for the implementation of which the entire capacity of the aircraft chartering one person or entity exclusively for their own use (without the sale of capacity to a third party) for transportation of passengers and / or cargo, and not distributed among the other charterers . The number of passengers transported may not exceed 15 people and cargo 2 tons.
Other terms used in these Rules, shall have the meaning specified in the Air Code of Ukraine.
- These rules apply to any international and domestic transportation of passengers or luggage performed by aircraft for hire or hiring, as well as transportation by air, carried by the carrier free of charge, to / from airports situated on the territory of Ukraine.
- These Rules apply to passengers traveling flight (flights) according to the ticket. Determination of the operator as a carrier for such flight proves the existence of a contract of carriage on flights between the carrier and the passenger indicated on the ticket.
- All passengers and luggage, referred to in paragraph 1 of this chapter are subject to the rules of the air carrier and air carrier tariff regulations in force at the date of issue of the ticket (electronic ticket processing), and if such date is not possible to determine – on the date of commencement of carriage. During the transportation of passengers and luggage there are used rules, tariffs and fees in force on the date of ticket issuance.
- The carrier has established these rules to improve the efficiency and quality of transport that meet the standards and norms of quality, responsibility for passenger service established by the authorized body for civil aviation.
These Rules are approved by the competent authority for civil aviation.
Terms of the contract pursuant carrier charter flight with a business purpose not inconsistent with the provisions hereof and include provisions on the rights of passengers in case of denied boarding, cancellation or long delay of flights.
- These rules and regulations tariff of the air carrier with changes do not apply to the contract of carriage of passenger luggage and without notice to the passenger after the date of issue of the ticket, except when it may be required under applicable laws, such as the securing of safety.
- Transportation of passengers and luggage, for which it is impossible to ensure that these Rules are obeyed, the carrier is entitled to exercise only under specific conditions, under Chapter 2 of this section.
- These Rules are not used during the transportation of passengers and luggage, performed by exceptional conditions that do not fall under normal operations and procedures of transportation of passengers and luggage.
- If the carrier proved and the competent authority for civil aviation recognized that the provision of these Rules is almost impossible to fulfill and these Rules established the general conditions of carriage of passengers and luggage can be secured by using alternative means, such authority may approve the single operation or planned series of several operations for passengers and luggage under special conditions. The overall level of quality and safety during such carriage must be at least equivalent to what would be ensured during the implementation of these Rules established requirements.
- The rules of the air carrier on the use of special tariffs and transport for certain categories of passengers and luggage are also special conditions of carriage.
- Providing of quality passengers and luggage carrying
- These Rules and RULES of MIU are part of the air carrier program of quality assurance in the air transportation of passengers and luggage.
- New rules, standards, requirements, technical specifications, technologies, regulations, guidance on air transport of passengers and luggage must to meet quality assurance program carrier.
- Passenger ticket and luggage check is a confirmation of the carriage contract and reflect its condition. Absence, inaccuracy in registration or loss of the ticket and luggage check does not affect the validity of the contract of carriage.
- The ticket entitles the passenger to fly the flight (flights) and oblige the air carrier to carry out the relevant passenger and his/her luggage, as well as provide other services related to the transportation, according to the contract of carriage, except as specified in paragraph 4 of this chapter.
- Terms of the contract of carriage attached to the ticket, must not conflict with the Montreal Convention, the Air Code of Ukraine, RULES of MIU and this Regulation.
- A person is not entitled to fly the flight and the carrier or a person authorized by the carrier is entitled to accept the ticket invalid if:
– a person produces damaged ticket or a ticket, which is not amended by the carrier or its authorized sales agent;
– established that a ticket purchased by a false / stolen or invalid payment card (credit card);
– the person does not submit a ticket containing the flight coupon for the relevant flight, all other unused flight coupons and passenger coupon;
– no ticket issued in the name of the Passenger that presented it;
– a ticket is declared as lost;
– a ticket counterfeited or false;
– in a ticket there is wiping up, correction of the last names, dates, flight number, class, reservation status;
– a ticket hasn’t a stamp of validators and the date of sale;
– a ticket is damaged or missing passenger coupon;
– a ticket was purchased for a natural or legal person who is not a representative or agent on a sale air carrier;
– incorrectly applied tariff is not the fault of the air carrier;
– a person is unable to confirm that the electronic ticket was given to it properly (in case of registration of an electronic ticket).
- Tickets, which are invalidated the fault of the carrier, if necessary passenger carriage subject to renewal. Tickets invalidated by reason of which is independent of the carrier, subject to withdrawal without renewal. In all cases, the carrier or a person representing his interests is an act, a copy of which provided to the passenger.
- A person, who is found on board of the aircraft without a ticket or with a ticket, which is invalidated by the air carrier, is subject to landing from the aircraft.
- Concerning the identification of passengers on board without a ticket there is a corresponding act and subdivision of the authorized body reported on questions a civil aviation, to the competence of that realization of control belongs after providing of aviation security.
- The passenger is obliged to keep the ticket and other transportation documents before the end of the carriage, and in the event he claims – the time of its decision. Ticket and other transportation documents issued to passengers must be presented on demand of the authorized persons of the operator (Operator airport service agent, etc.).
- In case of loss or damage the ticket (part of it) by the passenger the carrier at the request of the passenger can replace such ticket (part of it) by issuing a duplicate ticket, provided the passenger signing agreement on compensation for air carrier losses to the value of the original ticket, which can be sustained or experience the carrier in connection with the original ticket by a third party. If a passenger does not sign such an agreement the carrier when issuing a duplicate ticket may require the passenger to pay its full value. The carrier is entitled to recover from the passenger service charge of issuance of a duplicate ticket, if the loss or damage was not caused by negligence carrier (his agent). In case of loss or damage to other carrier, ticket duplicate ticket is issued only with the written consent of the carrier.
- For issuance of a duplicate paper tickets for international routes a fee of $ 7 USD or its equivalent in local currency is charged from the Passenger if the loss or damage occurred through no fault of the Carrier.
For the issuance of a duplicate paper ticket for domestic flights, the Passenger is charged a fee of 5 dollars or its equivalent in local currency if the loss or damage occurred through no fault of the Carrier.
- The carrier may refuse to issue a duplicate passenger ticket if:
– the passenger has not signed an agreement under paragraph 1 of this chapter, and refused to pay for the services of issuance of a duplicate ticket;
– the passenger requires issuing a duplicate ticket at the airport on the day of flight departure when until the flight according to the flight schedule remains less than three hour or the flight is made in hours when the office of the airline, which should give consent, does not work.
- The ticket can be used for transportation only of the person, name of which is indicated on the ticket.
- In order to meet the requirements of paragraph 1 of this chapter the airline may require the passengers to identify themselves.
- The validity of the ticket includes:
– the general validity of the ticket;
– validity for transportation.
- The overall validity of the ticket entitles the passenger to use the card for all transactions under these Rules, including those for seats on the flight and date specified, the return value is wholly or partially unused transportation and other payments established by these Rules.
- The total term of the ticket covers the period from the date of issue of the ticket until the end of the term, which provides for funds for an unused ticket fare rules carrier.
- The ticket with a guaranteed departure date gives the right to carry passengers and their luggage from the first airport, airport transfer, stop or reverse the airport traffic only on the day and flight specified in the ticket.
- The ticket with an open date entitles a transportation from the respective airport only upon reservation and payment to the airline ticket or his authorized representative departure date and flight number.
- A ticket issued at normal fare is valid for carriage for one year from the date of carriage if the used part of the ticket or the date of issue if not used the entire ticket.
- A ticket issued at a special fare is valid for transportation only to the date specified on the ticket and on the terms of fare rules of the carrier.
- Validity of the ticket regardless of the applicable fare continues, if the airline:
– cannot provide a seat for the flight on which the passenger has a confirmed reservation;
– cancels the flight on which the passenger has a confirmed reservation;
– skip the agreed stopping place;
– does not fulfill reasonable time from the time of departure than that indicated on the ticket;
– their actions will lead to the fact that the passenger does not have time for another connecting flight on which the passenger has a confirmed reservation and which is mentioned in the same ticket, indicating the previous flight;
– cannot provide service under the paid service class; (in such case, if an agreement passenger traffic continued validity of his ticket should be continued for the time to perform the first flight, which is a place for such passenger in the paid class of service);
– in the case of illness of the passenger or member of his family traveling with him on the aircraft, upon presentation of the relevant reference health institution.
- If a passenger after departure can not continue it during the validity of the ticket for transportation due to illness or other circumstances, the air carrier may extend into force of this ticket by the time passengers may continue their journey or flight to the first air carrier in which space is available in the paid class of service after that date and the place where the journey was interrupted. The fact of illness or other circumstances should be confirmed by appropriate certificate health institution. In this case, the carrier may also extend the validity of tickets of persons accompanying such passenger.
- In case of death of the wife (husband) or a family member of a passenger, who did not start the journey, or the death of a passenger en-route to persons accompanying such passenger may be extended the tickets validity, as well as increased minimum stay period in paragraph event. Continued validity of tickets should be made after receipt of properly issued certificate of death and for a period not exceeding 45 days from the date of death of the passenger.
In the application of this Regulation family members of an individual are considered the parents and the parents of her husband or the wife, her spouse, children as this physical person, and her spouse, including adopted their children, guardians, grandmother, grandfather , brothers, sisters, grandchildren and other dependents recognized by law.
In addition, air carrier may expand the list of individuals belonging to the family of the deceased passenger.
- The carrier takes flight coupons only in sequence, starting with the first departure airport specified in the ticket.
- Ticket, in which a passenger broken a sequence of flight coupons is declared invalid if it has not happened through the fault of the air carrier or its authorized agent (sales and / or service).
- Passenger coupon and all unused flight coupons that were not previously returned to the air carrier shall be kept by the passenger during the journey and should be given the carrier at his request. Should the use of flight coupons sequence fault of the passenger the carrier has the right to refuse carriage return and the value of the unused flight coupons.
- If a passenger refuses to transport one of the segments of the route that leads to disruption of the use of flight coupons and wishes to benefit other segments of the route or return flight, the passenger must notify the air carrier and renew the ticket.
- The carrier offers passenger the service in accordance with the paid class of service. Airline (its sales agent) reports the passenger when booking and / or ticketing for service, which is provided in the relevant class.
- The passenger accepted for carriage in the class of service specified in the flight coupon on the date of the flight and appropriate flight for which the passenger has a confirmed reservation.
- If a ticket is issued without a confirmed reservation (reservation status other than “OK”) place will be booked at the request of the passenger during the registration subject to the availability of such places in the paid class of service on the flight. If the reservation has not enough time, the passenger may accept for carriage without the reservation.
- The carrier is entitled to both technical and commercial reasons to increase or lower class of service. In the case of lowering class airline service as soon as possible notify the passenger and offer appropriate compensation subject to the provisions of Chapter 5 Section 16 hereof.
- Tickets can be presented to the air carrier to return the amounts paid for partially or completely unused transportation, if permitted return fare rules:
– prior to transportation, or
– during the validity of the ticket for transportation or
– within 30 days after the expiry of the ticket for transportation.
The air carrier, given the circumstances that made it impossible for the presentation of the ticket for the operation of the refund may extend this period.
- Reimbursement for unused tickets is conducted in compliance with the rules of the tariffs set by the carrier.
- The end of term referred in the paragraph 1 of this chapter, does not deprive the passenger right to declare a claim to the carrier under Section 28 of the Rules.
- Name of air carrier can be also mentioned on the ticket in the form of the air carrier code – DAT.
- The air carrier (its sales agent or handling agent) informs the passenger when booking (registration) information on the full name of the air carrier, which is in the ticket provided in the form of code.
- A stop on the route is allowed provided that it is previously agreed with the carrier and indicated in the ticket.
- If a passenger has a ticket issued at normal rates, stop for the validity of the ticket it is allowed to do at any point of the route.
- If a passenger has a ticket issued at a special rate, and makes a stop, then the passenger may be charged for a surcharge.
- Fees and charges
- The rates which are used are established and published by the carrier or on behalf of the carrier (or if not published, it is calculated according to the tariff regulations air carrier) fares for a flight or flights of departure to the destination specified in the ticket, valid in pay day ticket for the appropriate class of service. Each fare provides the rules for its use, establishing the term of the ticket fare conditions of use and reimbursement for the unused part of transportation and so on. Rules of tariffs are approved by the head of the air carrier and placed on the site of the air carrier for information users.
- The rates do not include transportation service between airport terminals and between the airports and city terminals.
- Airport charges (taxes) for services to passengers during their service at the airport are established and approved in accordance with applicable law and shall be published in a form accessible to users.
- Airport charges (taxes), fees (taxes) of the air carrier are not included in the fare, and with tariff up the full cost of transportation.
- Airport charges (taxes), fees (taxes) of the air carrier are established for the use of any services or equipment may be included in the cost of transportation or paid separately to the provision of the document confirming the payment of services.
- Fees, fees (taxes) on air transportation to / from and within Ukraine published by the carriers and airports in ASB / GDS in the currency, which is approved by the authorized body on civil aviation and agreed with the Conference of IATA tariff policy coordination.
- Payments in Ukraine by air transport services are carried out in accordance with the laws of Ukraine. The exchange rate is set according to the current legislation of Ukraine.
- The provisions of this chapter are applied in case of the regular airline flights.
- Reservation of seats on the aircraft of traffic and transportation capacity for excess luggage on the specified flight and date is a prerequisite for the carriage of passengers and luggage on air transport.
- For reservations use ASB / GDS. Book a seat tonnage and by using fixed and mobile communications, the Internet, specialized self-service machines and so on. The basic condition for the use of such methods is a reflection booking committed booking reservation system carrier.
- Reservations made within the time and in the manner established by the air carrier. Adding to booking passport data is subject to applicable laws and international treaties of Ukraine.
- The air carrier or its sales agent will inform the passenger (his representative) the terms of payment and ticketing and changes in the schedule.
- Until the passenger (his agent) pays the full cost of transportation, booking considered preliminary and if necessary can be canceled with corresponding notification about it of the passenger.
- In case of non-payment of fares by the passenger (his representative) in the period, which was appointed by the air carrier (its sales agent), the reservation is canceled without notice to the passenger.
- If the passenger arrived on a flight (on registration or boarding – “No-show”), in which it has a confirmed reservation, and did not disclose in advance the air carrier on changes to their journey, the air carrier has the right to cancel the booking for the next segment of the route or for the return flight.
- When booking the air carrier informs the passenger or his agent for the sale of the necessary information about their personal data and special conditions of carriage. In addition, when booking passenger must provide the air carrier or its agent for the sale with reliable information about their phone number, address and other contact possible contingency to make timely notification and informing the passenger. In the absence of proper communication with the passenger carrier and documented communications companies, the passenger is responsible for the consequences of delayed notification and information about changes in transportation.
- In the event of failure of the passenger to provide the necessary information to book the reservation is not made.
- Within the limits established by current legislation of Ukraine and the country of destination, the person who sells transportation (carrier sales agent), bound by the privacy of the passenger. In this case, the passenger authorizes the air carrier to store personal data about themselves and provide their public authorities at their request or their employees, their agents, other carriers, providers of additional services for booking or renewal of shipping, receiving additional services, organization of the lost luggage and warning system / definition fraud shipping documents, providing information assistance for entry / exit route for transportation, which comply with legislation on personal data protection.
- It is prohibited to enter the reservation instead of contact data passenger contact details sales agent.
- Reservation of seat can be both with fixing of a particular place for a passenger on the aircraft board , and without it.
- The carrier has the right to change the given place even after boarding a passenger aboard an aircraft for reasons of security and technical reasons.
- In the case of a ticket with an open date of departure seat booking is made on a general basis for the availability of seats on the flight.
- If the passenger has a ticket with an open date of departure and asks for the place, and the air carrier does not have such a possibility, the air carrier or its authorized sales agent must offer passengers to book the next flight on which there is available seat.
- The primary and extraordinary entitled to seats on the flight are determined in accordance with the law.
The air carrier may amend the list of persons eligible to obtain primary and extraordinary place.
- The air carrier may require the passenger to reaffirm make the return flight. Flights, which are introduced the procedure of confirmation of the return flight, the airline established and published on the site carrier. Passengers must be informed on the need to confirm the return flight.
- Reaffirmation of the return flight is not required if the return flight is expected in less than 72 hours or reservation made for a flight less than 72 hours before scheduled departure.
If a passenger has several segments of the flight path, the confirmation is performed for each segment.
- The air carrier must inform passengers when and how to make the re-confirmation. Failure passenger air carrier requirements on reaffirmation entitles the carrier may cancel unconfirmed reservation, but not earlier than 72 hours before the scheduled departure.
- The air carrier or agent service provides passengers at the airport visual and / or acoustic information (technical capacity airport) on:
– the time of departure and arrival of the aircraft;
– the place of start and end of the check;
– delays or cancellations and causes delays and cancellations;
– methods and routes of transition between airport terminals or between airports and travel from the airport to the city;
– rules and procedure of pre-flight and post-flight inspection of passengers and luggage;
– general rules for passenger requirements related to border, customs, immigration, sanitary-epidemiological, veterinary, sanitary, phytosanitary and other types of controls, in accordance with applicable laws;
– location of room mother and child law enforcement office, background, clinic, restrooms etc.
– place the luggage and passenger operations in the event of delays, damage, destruction luggage.
- All announcement which are carried out in the airports of Ukraine, are performed in Ukrainian. In Ukraine international airports ads are additionally performed in English and / or in the language of the country, from / to which the flight is executed.
- In airport the air carriage or service agent provides:
– registration of passengers and luggage for transportation;
– ground transportation of passengers, their luggage to the parking of aircraft and organizes landing passengers in the aircraft and loading of luggage;
– organization disembarking from the aircraft and unloading luggage, ground transportation to their respective airport arrival terminal and luggage claim.
- Time of registration of tickets:
– beginning 2 hours before flight departure time;
– end – in 40 minutes before departure.
- The completion time of boarding aircraft: 10 minutes before departure time.
- Start and end of registration and boarding is indicated in the ticket or other document provided to the passenger at the time of booking.
- The air carrier shall independently establish and change standards and amount of services provided to passengers by class service on the aircraft board. Airline (its sales agent) shall inform passengers when booking and / or ticketing services on the scope and manner of providing the appropriate class. The rules and scope of services published on the website carrier.
- The carrier provides:
– equipment for passenger cabin of an aircraft, facilities and security systems for passengers; supporting appropriate temperature in the cabin, personal use of the passenger (individual lighting, fan, table for meals, system safety harnesses, oxygen and protective breathing masks, etc.);
– keeping the hygienic condition of the cabin of the aircraft;
– serviceability staffing and equipment, inventory and passenger service facilities;
– availability for passengers with children and persons with the ability to install pipes for babies (if any aircraft construction);
– the possibility of seats of patients on stretchers and disabled (if any aircraft construction);
– services that create comfort and correspond to the duration of the flight.
- The air carrier on aircraft board has staff in sufficient number to carry passenger service, including the provision of first aid, and to ensure the safety of the flight in accordance with existing rules and regulations of Civil Aviation of Ukraine.
- On the aircraft board the carrier shall provide the following free services:
– assistance to passengers during boarding or disembarkation to / from aircraft (of space, placing hand luggage, etc.);
– information and reference service – timely and accurate informing passengers about the rules of conduct on the aircraft board, services provided, flight conditions, the use of safety equipment, the location in the aircraft cabin personal protective equipment and inflatable stairs, location of the main and spare exit, conditions leaving the aircraft in emergency situations;
– personalized service;
– first aid;
– providing soft drinks;
– providing passengers periodicals (newspapers, magazines, advertising products);
- Passenger service on the aircraft board can be carried out in the following classes:
– premium or comfort (improved economy);
– economy Class.
- Providing soft drinks is mandatory free service. For every flight hour minimum standard provide soft drinks is 100 ml and in the absence of food – 150 ml per hour of flight. In the period from April 15 to October 14 inclusive rate providing soft drinks increased to 150 ml.
- Hot meals provided on the aircraft board in accordance with established norms of the carrier or the contract between the charterer and the carrier. Food and hot drinks may not be available to passengers of the aircraft, if this condition is set by the carrier or the charterer and the passenger informed of the conditions of service aboard the aircraft to air transportation contract or the purchase of a package of comprehensive travel services.
- The air carrier can provide additional services to passengers increased comfort in flight. The list of additional services superior, the procedure of granting and payment set by the carrier. The air carrier shall inform passengers in his chosen way of extras.
- To provide first aid in the air the carrier has onboard first aid kits in the following amount:
– number of passenger seats from 0 to 99 – 1 unit;
– number of passenger seats from 100 to 199 – 2 units;
- The air carrier shall ensure the availability of wheelchairs to move persons with disabilities on the aircraft board.
- Before each flight the air carrier provides:
– purity in the passenger cabin of the aircraft, the presence of head restraints for seats;
– staffing and serviceability of fixed and removable equipment, facilities and soft inventory;
– availability of soft drinks, and for the flights, which provided food – meals according to the norms established by the carrier;
– heating / cooling the passenger cabin.
- The air carrier provides throughout the flight:
– compliance with the cabin pressure and rate of change of the established norms;
– air temperature in the salons of not less than 18 and no higher than 25 degrees Celsius;
– cleanliness and order in the passenger compartment;
– constant monitoring of implementation of codes of conduct by passengers on aircraft board .
- Maintenance passengers in business class cabin in a separate cabin, located at the nose of the aircraft. Salon is equipped with versatile seating – transformers. The distance between seats (between the two front seats legs) should be not less than 78.71 cm (31 inch). Salon must be equipped with on-board entertainment system or passengers should be given an individual touch TV.
Assembly of salon of business class depends on the type of aircraft operated. Number of seats in the cabin business class layout depends on the particular aircraft.
- Premium Class (comfort class) – a class of superior standards of service, which (meals and luggage rules) must meet the standards of service in business class. Located in front of the interior of the aircraft cabin for business class, if any.
Salon Premium (comfort class) equipped with chairs provided for the economy class cabin. The carrier can equip Salon Premium similar chairs seating in business class. The distance between seats (between the two front seats legs) should be not less than 78.71 cm (31 inch).
- Salon of premium (comfort class) is separated from the salon business class and economy class cabin redistribution (hard or soft).
- Passengers business and premium (comfort class) specially trained flight attendants provided the same service, namely:
– the individual set of magazines and newspapers;
– blankets, pillows (regardless of flight duration);
– separate toilet;
– warm wipes for hands before taking food;
– enhanced range of food choices passenger diet of several species of it;
– alcoholic and soft drinks in stock.
- Salon of economy class cabin is located at the business class cabin or premium (comfort class) if available. Placement of passengers is carried in the passenger cabin with standard seats. The distance between seats (between the two front seats legs) should be not less than 73.66 cm (29 inches).
- Support for passengers meals made with strict observance of the terms of sale of products.
- Providing passengers with soft drinks is made in 20 minutes before and 25 minutes after the provision of food.
- The basic diet (hot, if any) is offered to passengers by 1-1,5 hours after take-off the aircraft.
- The temperature of snacks, meals and drinks offered on aircraft board
– hot dishes – +65/70 degrees Celsius;
– hot drinks – +75 degrees Celsius;
– cold dishes – +10/14 degrees Celsius;
– snacks – +10/14 degrees Celsius;
– soft drinks – +10/14 degrees Celsius.
- Additional services on aircraft board include:
– providing passengers onboard meals;
– sale of souvenirs, industrial and food products, books, magazines;
- All types of additional services provided without compromising the safety and performance of required services.
- The aircraft is equipped with the necessary set of rescue equipment and means of emergency evacuation of passengers in an emergency.
- It is prohibited to take on board containers, tools and equipment, which provided jacks, racks or special hardware.
- The maximum number of persons on the aircraft board must not exceed the number of seats and seat, secured with seat belts.
- Before take-off, landing and in special cases, passengers are required to fasten harnesses, flight attendants – recorded control position and belt tension every passenger. Children under two years are no separate seats are placed on the lap of an adult passenger, who must keep their hands firmly.
- Each flight attendants must:
– timely and properly inform passengers about the locations of emergency equipment and rules for its use;
– to acquaint passengers with safety instructions;
– carefully inspect all passenger space of the aircraft in order to detect extraneous things;
– during the reception and accommodation of passengers in the aircraft comply with centering carefully, to avoid placing bulky items on the luggage rack and placing all things in the aisles near the front doors and emergency exits;
– the flight zone of turbulence require that passengers were in seats with seat belts fastened;
– in extreme situations to keep composure, confidence in their actions and in itself; Action cabin crew should be clear, calm voice, convincing words;
– before boarding passengers to the aircraft and landing him verify the installation of the ladder;
– before take-off and landing aircraft verify the installation and fasten the equipment and inventory;
– to prevent passengers walking through the cabin during climb and reducing aircraft.
- Cradles for infants should be set no earlier than 10-15 minutes after takeoff and pile in no later than 20 minutes before boarding the aircraft (if any aircraft design).
- The carrier provides security in the cabin, proper and safe placement of hand luggage, luggage, removable equipment, soft equipment and facility.
- A passenger is obliged to travel to the implementation to determine the ability to use air transport, taking into account their health. The carrier provides important information about the flight in accessible formats.
- The air carrier is not responsible for the aggravation of the passenger or other effects that can occur with a passenger during boarding, flight exercise or after air and ground transportation within the airport because of passenger’s age, his mental or physical condition.
- Passenger physical condition, which causes the air carrier concern (seriously ill, patients on stretchers and others), allowed to air transportation in quoting the relevant reference health institution that is not contraindicated for transportation by air, and in individual cases and that his disease does not threaten others.
- Transportation of critically ill patients on stretchers and carried out only when accompanied by a person who will provide nursing care during the flight. Carriage patients on stretchers is carried out, giving them a place (s) on the aircraft at the rate of pay, which set by the carrier.
- In cases when the patient cannot be placed from nosh on a chair, possibility of transportation of pre-determined by agreement between the carrier and the person accompanying the patient.
- The air carrier may refuse to transport a patient on a stretcher in the absence of the aircraft conditions that are required for the transport of the patient.
- The request concerning the need for assistance during transport of the patient should be sent to the carrier:
– for the patient, who carried on a stretcher – at least 72 hours before departure. The air carrier shall respond no later than 36 hours;
– for other patients with disabilities – not later than 48 hours before departure.
The air carrier shall respond no later than 24 hours and notify the sales agent, who made the booking and made a request for the corresponding service and the airports of departure, destination and transit. If an event that led to the loss of mobility, occurred less than 24 hours before departure, the possibility of transportation is solved promptly by phone number posted on the website of the airline www.aerodart.com.ua.
- Blind and deaf passengers are accompanied by guide dog, placed in places where there is enough space for dogs, near the emergency exit. Seeing-eyed dog is transported free of charge.
- Passengers with disabilities are placed near the emergency exit and therefore not to impede rapid evacuation of passengers from the aircraft. The air carrier provides such assistance to passengers in moving to the toilet if necessary.
- The management of airports should be taken to ensure that disabled persons and persons with disabilities have an opportunity to:
– notify of their arrival at the airport and ask for help in certain areas within and outside the terminal buildings of the airport;
– move from designated point to the reception;
– donate and register luggage;
– move from the desk to the aircraft with the passage of immigration, customs and other procedures;
– get on the aircraft board with the help of lifts, wheelchairs or other necessary support;
– move from the aircraft door to their seats;
– store and get the luggage in the cabin;
– move from your place to the door of the aircraft;
– landed via lifts, wheelchairs or other necessary support;
– move the plane to the hall luggage claim and receive luggage with the passage of immigration and customs procedures;
– move from the luggage hall to a designated point of control;
– move to a connecting flight in the event of transfers of aid obtaining in the air and on the ground, and if necessary, within and between airport terminals;
– move as necessary to the toilet;
– receive necessary for the flight information in accessible formats;
– to replace a temporary basis in a similar damaged or lost mobility equipment.
- If the disabled person or person with disabilities helps the person accompanying it, then such a person applying should be allowed to provide the necessary assistance in the airport and during boarding and disembarking from the aircraft. The air carrier provides (if applicable) such person sitting near places a disabled person or person with disabilities.
- The air carrier provides transportation to two pieces of mobility equipment for disabled persons or persons with reduced mobility, including electric wheelchairs (subject to advance warning of 48 hours and to possible limitations of space on board an aircraft and in accordance with the law on dangerous goods).
- Children on air transport are considered infants (infant – INF) for 2 years and children (children – CHD) aged from 2 to 12 years.
- Children under 2 years have no separate place, and between 2 and 12 years have a separate place.
- Children may be carried as accompanied and unaccompanied passengers subject to the requirements set out in paragraphs 4 – 8 of this chapter.
- In the category of “child transported unaccompanied” have formed children aged 2 to 14 years in domestic traffic and children aged 2 to 16 years in the international traffic.
- Children under 5 years old unaccompanied by adult passengers are not carried on flights.
- Children traveling unaccompanied accepted to transportation after filling the parents or guardians of relevant duly executed documents and payment services, which is set by the carrier.
- Child’s age is determined on the date of commencement of transportation airport of departure indicated in the document of.
- Each adult passenger is entitled to carriage from the only one infant without a separate place. Thus one adult passenger is allowed to carry with them no more than two babies – one without extra bed and a separate second place with payment of the carriage at the rates set by the carrier for the transportation of children aged 2 to 12 years. The baby, which was paid for a seat must be transported in a car seat to transport children that is certified for use in air transport. In the absence of a passenger of the car seat and failure to comply with these conditions, the air carrier may refuse to transport an infant in a separate place.
- Pregnant women may be accepted for carriage by air, provided that the period of pregnancy does not exceed 35 weeks in case of multiparity is 32 weeks.
- It is not recommended to transport mothers and newborns during the first 7 days after birth. The carrier may deny to carry the specified categories of passengers.
- The air carrier is not responsible for the authorities refusal to permit a passenger to enter the country.
- Passenger shall on the demand of the airline or government bodies to return to the point of origin or elsewhere due to the refusal of the country of destination to accept such passenger regardless of whether the country of destination or transit, and pay the corresponding price return transportation.
- The air carrier can use to pay for such transportation any funds previously paid out to him by the passenger amounts for unperformed transportation that remained in his possession, or any other means of the passengers, who are in possession of the air carrier.
- Ticket price for the transport of deportees is paid by government of a country that has decided to deport such persons to a country to which deportation is carried out.
- The air carriers prior to the flight must be provided with all information available at the flight of potentially dangerous passengers carried in flight enforcement. When carried on the aircraft of persons in custody, the flight documents necessary to make appropriate entries.
- The air carrier is entitled to refuse to transport deportees under paragraph 1 of section 11 of the Rules if no need to transport documents or have reason to believe that the deportees may constitute a threat to life and health of other passengers, or impair safety of flight.
- It is prohibited to refuse from carriage of potentially dangerous passengers of the reasons for replacing or changing the configuration of the aircraft and so on.
- Deported persons are transported only in the economy class cabin of the aircraft. In case of resale of tickets it is prohibited upgrades for this category of passengers.
- Delivery and landing aboard the aircraft of passengers carried passengers before boarding, landing on board is carried out as a last resort after disembarkation of other passengers of the flight.
- It is forbidden to serve those passengers alcoholic beverages and providing them with metal cutlery and hot food.
- The seats for these categories of passengers are provided only in the rear of the passenger cabin of the aircraft. For potentially dangerous passengers there should be separated from other passengers space by one or more rows of free seats.
- Potentially dangerous passengers will not be accepted for carriage in accordance with the decision of the air carrier.
- Deportees shall be accepted only by the carrier for direct air transportation provided that:
– appropriate public authority, which carries out deportation (dispatch) is not less than 24 hours before the flight reported and filed a carrier for deportees sufficient information (flight number, the number of deportees, reasons deportation presence among deported persons were brought to criminal responsibility, the presence of infectious patients and psychotics, and the list of officials accompanying these deportees);
– all the necessary documents for acceptance to transportation of such persons.
- Deportees shall be accepted for transportation by air, provided that:
– confirmed booking transportation to all parts of the transfer route;
– transfer is not connected with transfer / movement deportees to the other terminal or airport;
– transfer is not connected with an overnight stay at the point of transfer, minimum flight connections cannot be less than expected for the airport, and has additional time to consider the transport and accommodation of such persons in paragraph transplant to another flight.
- Divide families deported during transport prohibited. In the case of transportation of large families of deportees allowed to exceed the limit of civil deportees per flight.
- Persons in custody allowed to travel not more than one person per flight, escorted by at least two security guards (authorized persons of the relevant public authority).
- According to contract of transportation, air carrier or handling agent provides implementation of checking-in of the passengers and of handling of luggage with employment of Departure Control System (DCS).
- A passenger is allowed for transportation in case of having the ticket, processed properly, and a document that confirms identity of the passenger.
- Registration of passengers and handling of luggage for flights in airports closes until 40 minutes before the time of departure of the flight according to the time-table. The registration closing time on the Internet-site of the air carrier (www.aerodart.com.ua) is mentioned taking into consideration the time needed for transportation (arrival) of passengers and luggage to the airport, forwarding for boarding (loading) into the aircraft and proceeding administrative formalities and demands concerning border, customs, quarantine, veterinary, phytosanitary and other types of control according to Ukrainian legislation that are necessary for a flight, and endures 4 hours.
- To follow formalities connected with process of departure, passenger must arrive to the registration area of the air carrier and check point with documents that are necessary for a trip until the time determined by air carrier (his sales agent) in paragraph 4 chapter 1 part 8. If passenger arrives to the registration area or check point after registration time ran out or without documents necessary for trip, air carrier can cancel a reservation and not obliged to delay a flight.
- Registration of passengers and handling of luggage is performed on the grounds of a document that confirms identity of a passenger: for citizens of Ukraine – passport of Ukraine (for leaving abroad and returning to Ukraine – foreign passport of citizen of Ukraine), child’s travel document; diplomatic passport of Ukraine, service passport of Ukraine, seafarer identity card, flight crew license; for a foreigner and a person without citizenship that are within the borders of Ukraine, – passport of the foreigner, permanent residence permit, temporary residence permit.
- Air carrier is obliged to perform a control of documents and in case of absence of properly processed visas for entry (transit) or documents necessary for a trip, to reject a person for a flight. In this case refusal of a flight is considered to be voluntary.
- During the registration the passenger is given a boarding card where his surname and name is mentioned, IATA code or ICAO code – of air carrier, flight number, number of departure gate and seat number (if any) on the aircraft.
- Closing time of the boarding to the aircraft depends on circumstances of departure of the flight and determined by air carrier in paragraph 5 chapter 1 part 8, about what passengers are informed directly in the departure airport. Despite the way of ensuring a boarding into the aircraft (transportation by bus, telescopic passageway or passenger boarding bridge etc.) and location of apron, closing time of passenger boarding into the aircraft can’t end until 10 minutes before flight departure. In case of passenger’s being late to the boarding into the aircraft air carrier has a right not to allow this passenger for transportation and is not obliged to delay the flight. In case of passenger’s being late or having not arrived to the boarding into the aircraft it is considered that a passenger refused a flight, except cases when it happened due to fault of air carrier or member of a ground service.
- During the registration of passengers and handling of a luggage the passenger is obliged to submit all luggage that is provided for transportation, except items mentioned in paragraph 3 chapter 2 part 12 of these Rules, for luggage weigh-in.
- In baggage-check air carrier or handling agent indicates amount and weight of the luggage received for transportation and hands a claim ticket of a baggage tag for a registered luggage. If the passenger has e-ticket data about amount and weight of the luggage is indicated electronically.
- For indicating special conditions of transporting of registered luggage special warning tag without number is attached in addition to baggage tag. For items, that are kept with passenger in cabin of the aircraft and that are permitted for transportation according to part 12 of these Rules, special tag without number is attached.
- After registration of passengers and handling of a luggage air carrier is responsible for integrity of registered luggage.
- For transportation of a luggage that exceed a weight allowance indicated by air carrier, fees are charged by rate according to the Rules of implementing of rates of air carrier, fixed by air carrier. Transportation charges of such luggage are executed by excess baggage ticket or by order of different taxes.
- Air carrier has the right to refuse the transportation on any point of transportation, cancel reservation or take out of aircraft if necessary:
– due to implementation of effective law of the country of departure, arrival or transit:
– on demand of appropriate authorities of Ukraine
- Air carrier has the right to refuse the transportation on any point of transportation, cancel reservation or take out of aircraft depending on own comprehensive decision, if:
– mental and physical well-being of the person gives a reason to think, that passenger needs special help from air carrier, that wasn’t ordered or which air carrier can’t provide for some reason, will bother other passengers and cause an appearance of any risk for himself or for other passengers or passengers’, air carrier’s property.
– passenger didn’t follow instructions of the air carrier, concerning the ensuring of security of the flight, quality and conveniences of passengers transportation, make discomfort for other passengers, because of what air carrier can’t fulfill commitment to passengers, who are on board the aircraft.
– passenger behave the way, that it casts doubts concerning providing security of the flight during transportation, namely demonstrates aggressive behavior using threats to other passengers, workers of the air carrier and the crew of the aircraft:
– a passenger refused to pass trough control, which is performed by security service of the air carrier, airport or appropriate authorities.
– passenger could or already constitutes a danger for other passengers (luggage, cargo) or aircraft.
– rates or taxes that are to be paid wasn’t paid by passenger.
– passenger didn’t show documents necessary for flight for control.
– passenger tries to enter the country without valid entry document.
– passenger during the flight damaged the ticket, other documents, that confirms identity.
– passenger have already done one of the above mentioned deeds or breaches and it has the features that this behavior can repeat.
– a ticket shown by the passenger is invalid for transportation (in this case air carrier has the right to exclude the ticket, claim it invalid and reject to refund it); it is purchased at the person that are not the air carrier or his agent (in this case air carrier has the right to exclude the ticket, claim it invalid and reject to refund it); it was announced, stolen, invalid, having forgery ( in this case air carrier has the right to exclude the ticket, claim it invalid and reject to refund it); it has flight coupon, that is corrected by anyone except air carrier (or his sales agent) or corrupted (in this case air carrier has the right to exclude the ticket, claim it invalid and issue a copy of the ticket); it has non-used the first flight coupon, but passenger begins his trip in any other stand on the course of transportation with new tariff’s having not been regulated in according to tariff regulations of the air carrier ( in this case air carrier has the right to exclude the ticket, claim it invalid and refund the costs according to paragraph 3 chapter 2 part 19 of these Rules);
– a person who shown a ticket cannot identify himself as a person mentioned in the ticket ( in this case air carrier has the right to exclude the ticket, claim it invalid and reject to refund it);
– a passenger is under alcohol or drug intoxication.
In all cases of excluding the ticket air carrier conclude an appropriate act, original of which is given to the passenger and copy is kept at the air carrier.
- In case of passenger’s being refused in transportation or in further transportation due to cause, determined in paragraph 2 of this part, operation airline has the right to inform the passenger in written form that it cannot transport the passenger at any date after this message.
- A passenger that was refused in transportation or in further transportation due to causes determined in paragraph 1 of this part, has the right for compulsory refunding of the costs paid by him according to paragraphs 1 and 2 chapter 2 part 19 of these Rules.
- A passenger that was refused in transportation or in further transportation due to causes determined in paragraph 2 of this part, has the right for voluntary refunding of the costs paid by him according to paragraph 2 chapter 2 part 19 of these Rules.
- In case of groundlessness of delaying of the passenger, concerning with passing through the control for the purpose of providing a security of civil aviation, air carrier is obliged to provide his transportation by means of the next flight. If a passenger refused from flight due to delay with this control process, operating company is obliged to refund the full costs of the ticket or its non-used part.
- Passenger luggage shall be accepted for transportation during registration at the airport of departure, airport of transfer, airport of stop or other point of registration.
- Things of passengers depending on their size, weight and features may be transported as checked luggage or unchecked luggage (hand luggage).
- Luggage weighing more than 23 kg may be transported as checked luggage. The sum of three dimensions of a single position of luggage (length, width, height) should not exceed 158 cm. By the prior agreement with the carrier the positions with larger luggage size and weight may be accepted to transportation. The luggage that does not meet the provided requirements shall be registered as cargo for transportation by the passenger.
- In accordance with the permanent free luggage allowance or temporary regulations established by the carrier, the passenger shall have the right to transport a certain amount of luggage without extra cost. Depending on the route of transportation and class of service, this amount shall be determined by the weight characteristics of luggage (weight concept) or a combination of characteristics of weight, size and number of positions (position concept). Information on the maximum amount of luggage without extra cost shall be indicated in the ticket and the airline’s website.
- The carrier shall take the necessary measures for checked luggage transportation on the same aircraft which transports the passengers, especially if under the applicable laws the presence of a passenger is required during customs procedures concerning the luggage.
In case of transporting checked luggage on another aircraft, the carrier shall take measures to deliver the luggage to the passenger to the destination as soon as possible or in agreement with the passenger to compensate the passenger’s transportation costs connected to obtaining such luggage, according to the rules of the carrier.
- The registration of luggage at the option of the carrier may be conducted in accordance with the concept of weight (luggage weight concept) or position concept (luggage position concept) that features a combination of weight, size, number of positions which the carrier (its agent) shall inform to the passengers during transportation sales.
- Having accepted the luggage to transportation, this luggage shall go under the responsibility of the carrier that shall be confirmed by the issued passenger coupon of the luggage identification tag and luggage check on the number and weight of positions that have been accepted for transportation.
From the moment of transfer of luggage under the responsibility of the carrier till the moment of its issuance the access to passenger to checked luggage shall be prohibited, except for cases of its identification or additional inspection by the corresponding competent services.
- The passenger shall be entitled to the transportation of luggage at no extra charge within the regulations set by the carrier.
- Free checked luggage transportation regulations shall be set depending on the aircraft type, class of service and the flight zone and shall be as follows:
– according to the position concept – one position of luggage weighing no more than 23 kg (50 feet) with position dimensions (sum of length, width, height) of 158 cm (62 inches);
– according to the weight concept – 23 kg with dimensions of each position with the sum of the three dimensions not exceeding 158 cm.
A child under 2 years shall be entitled to transport one position of luggage for free weighing up to 10 kg (22 pounds) the size of which is the sum of the three dimensions not exceeding 115 cm (45 inches) under position and weight concept. The regulations for adults shall be also applied to older children.
- Passengers shall be entitled to carry free of charge the items that they keep with them and have not put to luggage in the excess free luggage, including women’s and men’s bags, folder for paper, coat or raincoat, jacket, umbrella or walking stick, print issues for reading during the flight, food for a child that is needed during the flight, children’s road cradle (under the condition of presence of a baby under 1 year), billy cart for walking, drawn wheelchair and/or crutches. The total weight of the items, except for the wheelchair, must not exceed 5 kg.
- The carrier shall have the right to temporarily expand the list of items and the total weight of items transported free of charge over free luggage allowance.
- Free checked luggage regulations shall not apply to:
– items of passengers, regardless of their name, the dimensions of which do not meet the dimensions given in paragraph 2 of this Chapter;
– items of passengers that are not placed in bags, boxes, regardless of the name and purpose, with the weight of one position exceeding 23 kg;
– television sets, tape recorders, radio receivers with the weight of one position exceeding 10 kg;
– flowers, saplings of plants, edible herbs, dried plants, branches of trees and shrubs with the total weight over 5 kg;
– correspondence accompanied by couriers;
– animals (domestic or wild), birds, bees and other animals, except for guide dogs accompanying the blind.
- The carrier shall have the right to expand the list of items that are not included into the free luggage allowance.
- The passenger shall have the right to declare the value of their checked luggage.
- The value of checked luggage shall be declared for each position separately. In case of declaring the value of luggage, the passenger shall pay the fare set by the carrier according to the Rules of Carrier Fares Use.
- To confirm the payment for the luggage with declared value, the carrier or its authorized sales agent shall issue a warrant of different charges or a receipt of excess luggage payment which indicates the points between which the passenger declared the transportation with declared value.
- In case of loss of such luggage, the carrier’s liability shall be limited to its declared value, unless the carrier proves that the amount required by the passenger exceeds the real interest of the passenger in delivery of the luggage.
- The passengers travelling in group, at their request, shall have the right, and the carrier shall thus apply to these passengers the sum of the free luggage allowance. Free group luggage transportation shall be also applied to the passengers that are the members of one family.
- Combining shall only apply to free luggage allowance. Luggage shall be cleared for each passenger separately. Combining the positions of luggage of passengers shall only apply to the combined free luggage allowance per passenger. Group luggage may be registered by one person authorized by all the passengers who is included in the group of these passengers. Each passenger must indicate the number of positions and the weight of their luggage in the transport documents.
- Each position of luggage must have a serviceable packaging that would ensure its safety during transportation and handling and prevent causing harm to passengers, crew members, third parties, aircraft, luggage of other passengers or other property, and prevent free/accidental access to the contents of luggage by outsiders.
The luggage that does not meet the requirements of this paragraph shall not be accepted to transportation.
Serviceability and appliance of luggage packing shall be determined by the carrier.
- The luggage that has external damage which does not affect its integrity during shipping and handling and can not harm the passengers, crew members, third parties, aircraft, luggage of other passengers or other property may be accepted for transportation as checked luggage at the consent of the carrier. In this case, the presence and type of damage to luggage shall be stated in the luggage receipt (label) by the air carrier or its service agent which must be confirmed by the passenger.
- The carrier shall be entitled to request the passenger to pack the luggage additionally.
- The items that shall not be included into the luggage:
– goods, items, liquids and other substances that may create significant health risks to passengers, flight safety or property of the carrier or other passengers during transportation, in particular, explosives, compressed gases, materials, materials that cause corrosion, oxidizers, radioactive materials, magnets, inflammable materials, poisonous, harmful or irritating substances, and any other items and substances that are defined in the “Technical Instructions for the Safe Transport of Dangerous Good by Air” (ICAO, Doc 9284-AN/905) as those banned for transportation on passenger aircraft;
– brittle, fragile items and breakable or perishable items, money, keys, jewellery, electronic equipment, photo and video equipment, products made of precious metals and silver, technical documents, business documents, securities, valuables, medicines, medical records, documents of identity;
– goods and items the transportation of which is prohibited by law of any country from the territory of which, into which or through which the flight will be carried out;
– goods that are unfit for transportation due to their nature, weight, size, shape or smell;
– live animals and birds, except as provided in Chapter 2 of Section 13 of the Regulations.
- Items that may be accepted for transportation as checked luggage or as cargo with the prior consent of the carrier: firearms, ammunition and weapons, including antique firearms and cold steel, cutting and piercing objects.
These items shall be checked by the authorized competent persons, properly packaged and shipped with the processing of relevant documents certifying their right to be exported/imported and transited to the country of destination. Ensuring the proper implementation of these procedures shall rest with the passenger.
Items and substances prohibited for transportation by passengers and crew of aircraft of civil aviation shall be defined by the aviation regulations of Ukraine.
- The passengers shall be entitled to include into the checked luggage their everyday items, alcoholic beverages, non-radioactive items of medical use, toiletries and items of first necessity, including containers with sprays of medical use and other items and substances permitted for transportation in limited quantities in accordance with the “Technical Instructions for the Safe Transport of Dangerous Good by Air” (ICAO, Doc 9284-AN/905) and in the amount permitted by the relevant regulatory authorities.
- The carrier may refuse to accept luggage as checked if it is not properly packed into suitcases with locks or other suitable containers to ensure the safe transportation of luggage and its processing with the use of conventional means of handling.
- The carrier shall have the right to refuse the transportation and further transportation as luggage of the items as defined in paragraphs 1 and 2 of Chapter 6 of this Section, after it concludes on the basis of relevant documents that such items contain any prohibited materials or items. The carrier shall not be responsible for the goods or items that it has refused to accept to transportation as luggage.
- The carrier may, at the request of the passenger, transport the items defined in paragraphs 1 and 2 of Chapter 6 of this Section as unaccompanied luggage (cargo), taking into account the requirements of Chapter 11 of this Section.
- Checked luggage of the passenger who has not appeared to land on an aircraft shall be subject to compulsory unloading from the aircraft.
- In order to ensure flight safety and tracking of items specified in paragraphs 1 and 2 of Chapter 6 of this Section, the carrier may require the passenger to pass security control exercised by the Aviation Safety services of the carrier, airport, and provide luggage for inspection, and shall have the right to inspect or organize the inspection of luggage without the passenger’s presence. If the passenger refuses to satisfy such a request, the carrier may refuse to transport the passenger (luggage).
- The carrier shall not be liable for the damage caused to the passenger or their luggage in the event of the X-ray or other scanning of the items prohibited for transportation, except for cases of negligence of the carrier.
- Excess luggage, oversized luggage and luggage weighing more than 23 kg (in one position) shall be accepted for transportation only with the consent of the carrier and the presence of free luggage capacity, and subject to payment of transportation of such luggage by the passenger, except for the cases when the transportation of such luggage has been previously agreed with the carrier and paid.
- Transportation of luggage over the maximum free amount of luggage established by the carrier must be paid by the passenger. Information concerning such payment shall be provided to the passenger by the carrier (its sales agent and/or handling agent) during registration (booking).
- Transportation of luggage that exceeds the allowances shall be paid by the passenger according to the rate set by the carrier to pay for excess luggage in force on the date of the warrant of different fees or excess luggage payment receipt and departure according to the ticket. Such payment may be made with the consent of the carrier during ticketing or in the airport prior to registration.
- If the passenger presented the luggage to transportation in the place of departure in a smaller amount than the one that has been previously paid, the difference in pay between the paid and the actual weight of luggage shall be returned to the passenger.
If the passenger presented the luggage to transportation in the place of departure in a larger amount than the one that has been previously paid, such luggage shall be accepted to transportation only after the corresponding additional payment.
- In the case of overloading of the aircraft or the absence of free tonnage, the carrier, having notified the passenger, shall be entitled to the right to send the luggage by its next flight or the flight of another carrier. The carrier shall determine the luggage to be transported by the next flight independently.
- The carrier may refuse to transport luggage due to the passenger’s failure to pay the fares and charges set by the carrier.
- At the request of the passenger and with the consent of the carrier the luggage may be registered as unaccompanied luggage.
- Unaccompanied luggage shall be accepted for transportation between the same points that the passenger is travelling according to the ticket and only after the customs clearance of luggage by the passenger.
- Transportation of unaccompanied luggage shall be registered with an air waybill in accordance with the rules of cargo air transportation approved by the carrier and paid according to the tariffs for cargo transportation established by the carrier.
- Items with the weight and size established by the carrier shall be accepted as hand luggage. The weight of hand luggage shall not exceed 7 kg and the maximum size shall not exceed 55x40x20 cm that allows placing it safely in the cabin of the aircraft on the luggage shelves or under the seat. It is prohibited to place hand luggage and items allowed to be carried in all aisles of the cabin of the aircraft.
- The items that do not meet the requirements to the size and weight of hand luggage established by the carrier or those that are not allowed to be carried in the passenger cabin of the aircraft shall be considered and handled as checked luggage.
- Hand luggage shall not include piercing and cutting items: knives, scissors, needles, knitting needles and other sharp and cutting objects. It is also prohibited to bring to the aircraft the hand luggage containing any liquids, suspensions, creams, pastes with the capacity of more than 100 ml (grams) in one bottle (tube).
The total amount of the abovementioned substances in hand luggage packed in containers up to 100 ml (grams) shall not exceed 1 litre (kg) per passenger. The items and substances that are prohibited for transportation in the passenger cabin, but allowed for transportation in luggage shall be determined by the aviation regulations of Ukraine.
- The passenger shall bear responsibility for hand luggage during the whole transportation.
- With the consent of the carrier the aircraft cabin luggage may include the luggage (items) of the passenger requiring special precautions during transportation or special processing conditions (brittle, fragile items and breakable items and perishable video- and photo cameras, TV-, radio- and video equipment, samples of equipment, musical instruments, electronic and optical devices, etc.).
- The items that the passenger considers to be not suitable for transportation in the cargo compartment of the aircraft shall be allowed to be transported in the passenger cabin only by the prior arrangement with the carrier. Transportation of such items shall be paid by the passenger according to fares of the carrier depending on the amount of passenger seats required for its transportation.
- The weight of one non-standard position of luggage transported in the aircraft cabin should not exceed 80 kg and its size should enable to place luggage on a separate passenger seat (seats). Packing of luggage in the cabin of an aircraft shall ensure its proper fastening on the passenger seat (seats) and meet sanitary standards.
- Delivery of luggage that must be transported in the cabin of the aircraft to the airport, its loading, placement in the aircraft cabin, unloading and transportation within airport terminals shall be carried out by the passenger or at their prior request and with the payment for these services to the appropriate airport services.
- Transportation of dogs, cats, poultry and other livestock should be subject to obtaining the permission of the carrier during booking prior to the start of transportation. Animals must be properly placed in containers/cages and have a valid certificate of vaccination and health certificates, permits for the importation to the country of destination or transit. Animals must be clean, neat and have no odour. The carrier shall have the right to determine the manner of transportation and limit the number of animals that may be transported per flight.
- Transportation of animals accepted as checked luggage along with the container and food shall be paid as an additional service for which the passenger must pay the appropriate fare under the Air Carrier Fare Application Regulations established by the carrier.
- Working dogs (guide dogs) that help employees of state agencies, rescue teams or blind/deaf passengers and accompany such passengers shall be carried free of charge together with containers and food for their nutrition.
- It is allowed to transport in the aircraft passenger cabin:
– working dogs accompanied by a cynologist; guide dogs for the blind and deaf passengers, provided that the animal has a collar and a muzzle. Working dog, guide dog shall stay near the passenger/cynologist;
– small animals the weight of which together with transportation means shall not exceed 8 kg. Bird cages should be covered with a dense opaque matter.
It is allowed to transport no more than 3 containers with live house animals in each aircraft passenger cabin on charter flights.
The size of the container for transportation of live house animals in the aircraft passenger cabin shall not exceed 115 cm in the sum of three dimensions.
The container with live animals during air transportation shall be placed under the seat. It is prohibited to place the container with live animals on the luggage shelves or on a separate passenger seat.
- Animals the weight of which along with the means of transportation exceeds 8 kg shall be transported only in the luggage and cargo compartments of an aircraft (except for guide dogs).
- In case of transportation of animals the passenger shall be responsible for the animal and provide the necessary documents required by valid law. The carrier shall not be liable for injury, loss, delay, illness or death of such animals in the event of refusal to their importation to the country of destination or transit if such damage has not been caused due to the negligence of the carrier.
- In case of non-compliance with the conditions of paragraphs 1-6 of this Chapter by the passenger, the carrier shall be entitled to make a final decision on transportation or refusal to transport animals (birds) in its sole discretion during the registration of the passenger.
- Regular flights are operated according to schedule of aircraft made by the air carrier, published in ABS/GDS and posted on the website of the carrier www.aerodart.com.ua. In its own discretion the carrier may issue an advertising schedule to inform the public.
By placing data in ABS/GDS, the carrier shall ensure that the information posted or provided to be accommodated in other automated systems is accurate, reliable and complete.
- The carrier shall not be responsible for errors and omissions in schedules or other published timetables of flights of other carriers.
- Subjects of ground handling and/or airport operators shall have the right to issue a combined schedule of all airlines flying from/to airport.
- Departure time and type of aircraft specified in the schedule or other published timetables of the carrier, except for the departure time specified on the ticket, is not guaranteed and shall not be a prerequisite of the contract of transportation. The carrier shall have the right to change the time of departure which shall be promptly informed to the passenger.
- The carrier shall have the right to change the type of aircraft without notifying the passenger.
- The carrier or ground handling subjects (operators of airports) in the part concerning this Section shall provide passengers at the airport with visual and/or acoustic information (if they have such technical possibilities) on:
– time of departure and landing of the aircraft;
– place, time of start and end of the flight registration;
– place, time of start and end of boarding the aircraft;
– delay or cancellation of the flight and the reason for the delay (cancellation) of the flight.
- The carrier may delay or cancel a flight for both commercial reasons and the reasons that are not caused by it.
- The carrier shall take all necessary measures to avoid the delay in transportation of passengers and luggage.
- In the event of emergency the carrier shall have the right to cancel or delay the flight or cancel the previously confirmed reservation without notifying the passenger.
In other cases the carrier or its sales agent shall inform the passengers about the delay or cancellation no later than three hours before the registration.
- In the event of a flight delay the carrier itself or through a ground handling subject (airport operator) shall inform the passengers with available means at the airport of departure every 30 minutes of the estimated time of the flight delay and the expected time of its departure.
- In case of delay beyond a reasonable time or cancellation of the flight the carrier no later than 12 hours after sending the delayed flight or adopting the decision on cancellation shall notify the competent authority for civil aviation on the reasons for delay (cancellation) of the flight and the service that has been provided to the passengers during such delay or cancellation of the flight.
Cancellation or Delay of Flights
- The provisions of this Section shall apply to the passengers (of regular and charter flights) which were denied in boarding against their will or the flights of which were cancelled or delayed, provided that the passenger has a confirmed booking for the relevant flight and is present to the registration at the time prescribed by the Regulations and is mentioned in writing (including electronic means), or, if the registration time is not specified, no later than 45 minutes before the specified departure time or has booked a flight that was delayed/postponed by the carrier or freighter of the aircraft (tour operator) to another flight, irrespective of reasons.
- The provisions of this Section shall not apply to the passengers travelling free of charge or at a reduced cost that is directly or indirectly not available to other passengers, but these provisions should apply to the passengers to whom the tickets were issued according to the program of the carrier for the passengers who travel by air frequently (loyalty program).
- If the carrier pays the compensation or provides the services that are stipulated by this Section, nothing in these Rules shall be construed as limiting its right to claim the compensation by recourse by any person, including third parties, in particular, claims for compensation by the tour operator or other person with whom the carrier has concluded an agreement. Accordingly, nothing in these Rules shall be construed as limiting the right of the tour operator or a third party, other than the passenger, with whom the carrier has concluded an agreement, or to claim compensation from the carrier under the law.
- If the carrier reasonably expects to refuse the passengers to board a flight, it first shall look for the volunteers willing to refuse their confirmed reservation in exchange for the compensation agreed between the passenger that voluntarily refuses boarding and the carrier.
- In addition to compensation, the carrier shall offer passengers a choice:
– reimbursement of transportation for seven days which must be paid in cash, by electronic bank transfer, bank orders or bank checks, or if a certified written consent of the passenger is given in the form of traveller’s checks and/or other services, the full cost of the ticket at the price at which it was purchased, for the unused part of the ticket and the used part or parts of the ticket if the flight no longer meets the needs of passengers, and provide the return flight to the initial point of departure at the earliest opportunity in case of necessity; or
– change of the route that should be made under appropriate transport conditions: to the final destination – at the earliest opportunity, or to the final destination – at a later time at the request of the passenger and subject to availability of free seats.
- Transportation of the passenger from the airport where they received a refusal for transportation to the airport where the alternative route offered by the carrier begins, and from the airport of alternate landing to the airport where the passengers had to arrive by their flight for which they were denied boarding shall be carried out by the carrier.
- If there are no passengers that are willing to voluntarily refuse this flight or their number is insufficient, the carrier may refuse to transport the passenger against their will.
- If passengers are denied in boarding against their will, the carrier shall pay them the compensation in the following amounts:
– 250 euro – for flights with the distance up to 1500 kilometers;
– 400 euro – for flights with the distance from 1500 to 3500 kilometers;
– 600 euro – for flights with the distance more than 3500 kilometers.
The basis for determining the distance shall be the last point at which the refusal of transportation or failure of the flight which has been previously planned and on which at least one seat has been reserved that will create the delay of the arrival of passengers in scheduled time.
- The carrier may reduce the compensation referred to in paragraph 5 of this Chapter, to 50% if the passenger is offered to replace the transportation route to its destination with alternative flights the arrival time of which does not exceed the one planned for:
– two hours – for flights with the distance up to 1500 kilometers; or
– three hours – for flights with the distance from 1500 to 3500 kilometers; or
– four hours – for flights not mentioned in the second and third paragraphs of this paragraph.
The distance referred to in this subparagraph shall be measured by the orthodromic distance of the route.
- Payment of compensation shall not release the carrier from the obligation to offer passengers a choice of service and reimbursement of expenses referred to in paragraph 2 of this Chapter and Chapter 3, paragraph 5 of this Section.
- In case of cancellation of the flight the passengers shall be offered the service in accordance with paragraph 2 of Chapter 2 of this Section and the compensation under paragraphs 5 and 6 of Chapter 2 of this Section. Passengers shall be entitled to compensation if they have not been informed about the cancellation:
– two weeks before the scheduled time of departure; or
– during the period of no more than two weeks and no less than seven days before the scheduled time of departure and re-routing has been offered that will allow to go from the point of origin no later than two hours before the scheduled time of departure and to arrive at the final destination within four hours after the scheduled time of arrival; or
– less than seven days before the scheduled time of departure and re-routing has been offered that will allow to go from the point of origin no later than one hour before the scheduled time of departure and to arrive at the final destination within two hours after the scheduled time of arrival.
- The carrier, when delaying or cancelling flights, shall offer the passengers at their request the explanation of the grounds for cancellation or delay of the flight. If it is necessary to ensure the timely transfer of passengers on jointing flights, the carrier at the earliest opportunity shall offer them the alternative routes of transportation.
- The carrier shall not be obliged to pay compensation in accordance with paragraphs 5 and 6 of Chapter 2 of this Section if it can provide proof that the reason for the cancellation was the action of emergency or force majeure which could not be prevented even if all measures were taken.
- Proof of informing the passengers of the rules and conditions of transportation, procedure of booking of seats on flights, fares, tariffs (fees), schedule and timing of the flight shall rest with the carrier, its sales agent, tour operator and other authorized organizations, etc. in the location of the agreement for air transportation.
- In the event of flight cancellation by the carrier and the continuation of the passenger’s travel by another flight (flights) or by another route the passengers shall be offered and provided for free with:
– meals and refreshments according to the new flight waiting time;
– hotel accommodation in cases where passengers have to wait for the departure for one or more nights, or if the additional departure waiting time of passengers is longer than expected;
– ground transfer by the route airport – hotel – airport;
– two telephone calls or telex-, fax messages, e-mail messages if the technical conditions of the airport allow it.
- The carrier shall pay special attention to the needs of passengers with disabilities (the disabled) and persons accompanying them, as well as the needs of unaccompanied children.
- The carrier shall offer passengers the refreshments according to its established norms of catering and the opportunity to make two free calls or send telex-, fax or e-mail messages if there are technical conditions for it, in case of the flight delay for the term of:
– two hours or more from the scheduled departure time of the flight distance up to 1500 kilometers;
– three hours or more from the scheduled departure time of the flight distance from 1500 to 3500 kilometers;
– four hours or more from the scheduled departure time for all other flights not listed in the second and third paragraphs of this paragraph.
If the execution of the delayed flight is postponed for the day following its execution provided by the schedule and the ticket, the carrier shall provide passengers with hotel accommodation, meals, and provide transfer by the route airport – hotel – airport.
- If the flight delay exceeds five hours, passengers shall be offered the services under paragraph 2 of Chapter 2 of this Section.
- The carrier shall not require any additional payment if it places the passenger in a class higher than that indicated in their ticket.
- If the carrier places the passenger in a class lower than that mentioned in their ticket, it shall within seven days reimburse the passenger:
– 30% of the applicable fare for all flights with the distance up to 1500 kilometers; or
– 50 % of the applicable fare for all flights with the distance from 1500 to 3500 kilometers; or
– 75 % of the applicable fare for all other flights not mentioned in the second and third paragraphs of this paragraph.
- The compensation for placing the passenger in a class lower than that mentioned in their ticket shall be calculated for the segment in which the lowering in the class of service has been made by means of a pro-rata distribution.
- Compensation for delayed luggage delivery is established based on the need to provide the passenger with living essentials. In any case such compensation is limited to the amount of US $ 50 (or equivalent in other currencies).
- Compensation is offered to passengers in case of non-arrival of luggage to destination point together with the passenger if the destination point is not the place of residence of the passenger.
- Carrier during registration provides passengers with legible and clearly visible information of the following content: “If you are denied transportation or your flight is canceled or delayed for at least two hours, ask at the desk of registration or boarding gate about written notice stating your rights, particularly with regard to compensation and assistance “.
- If carrier refuses carriage or cancels a flight, it will give each passenger a written notice setting out the rules for granting compensation and assistance to passengers. Carrier provides the same message to passenger whose flight is delayed for at least two hours. Contact information for sending requests concerning passenger rights violations on compensation or assistance is specified in the notification.
- To inform deaf and persons with impaired vision and other significant disabilities that make it difficult or impossible to get acquainted with self-guided audio or visual information, at the airport of departure / arrival there should be alternative means of relevant information distribution.
- Refund for unused ticket (part of it) is done in the place of purchase or the main ticket office of carrier (the sale office of carrier) and money is returned in the currency in which the ticket was paid.
Refunds by carrier in Ukraine are done in the national currency of Ukraine. Refunds in representative offices of the air carrier are subject to existing laws of the host country.
If the payment was made by electronic means of money transfer (bank card), the funds will be returned to the card from which payment was made for the ticket.
- Amounts of money returned for unused ticket (part of it), depend on the tariff and tariff regulations of the air carrier and the type of denial of transportation (voluntary or forced).
- Refunds are done on the ground of the unused (partially used) transportation document, order of various fees, payment receipt of excess luggage.
- Refund are made to:
– The person indicated on the ticket – in case of payment in cash or by bank transfer;
– The account of the legal entity – in case of payment by bank transfer;
– The account of the owner of the credit card which paid transportation;
– The sponsor that paid for transportation – in the case of ticket issuance according to the preliminary payment (Prepaid Ticket Advice – PTA).
Refunds are done in case of issuing documents, identity documents and documents confirming the right to receive cash amounts specified in paragraph 3 of this chapter.
- Refund is made on the day of termination of the contract of carriage (presentation of tickets to the cash office at the place of registration, obtaining information from airline passenger about desire to refund money for an unused ticket, which is arranged by electronic ticket), and in case of failure to make refund on the day of termination of the contract of carriage – in other terms agreed by the parties, but not later than within seven days.
Forced refund or rebooking without penalty is carried out in the following cases:
- Cancellation, transferring, flight delays, which were booked by the passenger and ticket was issued;
- Improper processing of transportation documents;
- Replacement service class or type of aircraft;
- Failure to provide the passenger seat of the reservation;
- Failure by carrier to provide connection with the flight on which the passenger has a confirmed reservation and which is mentioned in the same ticket as the previous one;
- Denial of transportation due to passenger’s non-payment of fare or charges (taxes) in case of change in tariffs or rules of their application compared to those in operation on the day of departure of the passenger from the first airport mentioned in the ticket;
- Use by carrier right to refuse carriage because of the reasons set out in paragraphs 6 and 1 of Section 11 thereof;
- Diseases of the passenger or his family memebers traveling with him, if there is a properly executed certificate of medical institution;
- In other cases of failure of passenger from transportation or denial of the air carrier to transport the passenger that occurred through the fault of the air carrier.
Rebooking on another flight in the event of delay of the passenger on the flight, for which he has a confirmed reservation because of late arrival of previous flights is carried out without penalty, in the case of ticketing with separate transportation documents.
- In the case of forced return, the amount of money returned to the passenger, shall be equal to:
- If any part of the ticket has not been used – an amount equal to the full cost of the ticket at the price at which it was bought;
- If any part of the ticket has been used – an amount equal to the fare for the unused part of transportation in one direction and unused airport taxes (taxes)
- and unused fees (taxes) of air carrier from a place where there was a refusal of transportation to their destination. In addition to the above mentioned, the air carrier must comply with the rules of compensation listed in Chapter 3, Section 16 of the Regulations
- In the case of voluntary refund, if a passenger wants to return the amount paid for the ticket, and this return is allowed by fare rules, such amount is calculated according to the tariff regulations of the carrier. In addition, the sum of all unused airport charges (taxes) and duties (taxes) carrier is returned to the passenger.
- Carrier may refuse to refund if:
– Application for it was filed after the passenger ticket expiry, as defined in Chapter 4 Section 4 of the Regulations, and in other cases provided by these Rules;
– Ticket was purchased at special rates and by rules of its use refund is not provided (in case of purchase of a ticket with such special fare, a passenger must be informed by the carrier (its sales agent) about it when booking a ticket, and appropriate mark must be made in the ticket);
- In case of loss of ticket refunds are done by:
– Airline – the owner of the form ( “the contracting carrier”) – if the ticket was issued by the interline agreement;
– Airline – the actual carrier – if the ticket was issued on the letterhead of the airline that makes a fly.
Refunds can be made if the lost Ticket (or part thereof) was not used or modified and no refund was made before.
- From the amounts returned, the air carrier has the right to charge a penalty (fee), which is set by the carrier for such cases.
- Funds for the duplicate ticket and the lost ticket are returned in court.
Similar rules are set for the return of funds in connection with the loss of orders of various fees, payment receipt for excess luggage.
- Refuse to refund the passenger does not leave him or her the right to submit a claim to the airline or lawsuit.
- Behavior of a passenger on board of the aircraft shall be such that is not dangerous or threatening to others, things, cabin crew or aircraft of the carrier according to the Regulations of the air carrier.
The passenger may not interfere with the crew in the performance of their duties and must follow instructions of the aircraft commander and crew to guarantee flight safety, aircraft and the safe, efficient and comfortable flight of passengers. Passengers must refuse to act in a way that could cause or causes protest of other passengers.
- To ensure the safety of the flight carrier has the right to prohibit or restrict the use aboard the aircraft of electronic equipment, mobile phones, laptop computers, portable recorders, portable radios, CD-players, transmitting devices, including radio controlled toys, portable radios etc. (with the exception of hearing device and cardiac pacemakers).
- On board of the aircraft the passenger has no right to be in a state of alcohol or drugs intoxication or under the influence of any other substance which may cause danger or pose a risk to other passengers, goods, aircraft or its crew. The use of any alcoholic beverages aircraft board is permitted only in amount, offered by airline carrier.
- Regardless of the flight duration it is forbidden to smoke on board of the aircraft.
- If a passenger does not adhere to the provisions of paragraphs 2-4 of this Section, the air carrier is entitled to take such measures, which require a situation and which the carrier may deem necessary to prevent such behavior. Such measures may include restriction of movement of passenger in aircraft, landing of passenger, denial of boarding on board of the aircraft at any point on the route as well as the passenger transportation and transfer to local government authorities to take appropriate measures.
- If the passenger does not comply with the provisions of this Section or acts otherwise, not performing Regulations carrier may refuse carriage to passengers further and apply the measures of administrative and civil influence (bring to administrative responsibility, apply to the court for damages).
Air carrier in accordance with Articles 90 and 91 of the Air Code of Ukraine has the right to maintain the established order in respect of offenders on the aircraft board .
- If because of the prohibited behavior of the passenger the carrier had to take certain measures which caused additional expenses, the passenger must reimburse such expenses to the carrier in accordance with applicable law.
- These Rules apply to carriages undertaken in accordance with commercial agreements between carriers (known as agreements on “sharing codes” (codesharing), transportation by agreement “interline”), even if the ticket defined a different carrier than the one that actually transports. If there is any such commercial agreement, the airline carrier (its sales agent) must provide the passenger at the time of booking transportation information which carrier is contracting and who actually performs the carriage. During registration of a passenger on a flight that information is provided by the actual carrier or its authorized service agent at the airport of departure.
- If a passenger has concluded an agreement on air transportation with the provision of additional paid services, for failure to provide such services the air carrier is liable to the passenger, which is limited to the amount of money paid for not provided services.
- The Air carrier is not responsible for transportation (transfer) of luggage, provided by third parties with which the carrier has not concluded commercial agreements. If the airline independently provides and performs transportation (transfer) of passengers’ luggage, these rules apply to such services as well. Transportation (transfer) services of luggage, provided by carrier additionally is paid by a passenger.
- Transportation, which will be performed by several successive carriers, is the only transportation if in the start of it, these carriers considered this operation as a single transportation and it was formed by a joint ticket.
- In the case of a single transportation each carrier which accepts passengers and luggage (cargo), is subject to the Rules and Regulations of MIU and is regarded as one of the parties of the carriage contract because such a contract regards to a part of transportation that is under the control of a certain carrier.
- Carrier that issued the ticket, or the first Carrier indicated in the ticket is not responsible for shortcomings in transportation that occurred at the site (sites) of transportation of other (s) carrier (carriers), including delays of carriage of passengers or luggage.
- In the case of destruction, loss, damage, delay in transportation of luggage a passenger may file a claim to the first or last carrier and the carrier who performed the carriage during which the destruction, loss, damage, delay in transportation occurred.
- If it is impossible to identify the carrier, who has performed carriage during which the destruction, loss, damage, delay in transportation of luggage occurred, then carriers participating in the carriage will be responsible – all together or each separately, within the fault of each of them.
- Intermodal transportations
- The time of the air transportation does not include any transportations via land, maritime (river) modes of transport performed outside an airport. However, should such transportation be executed in the pursuance of a contract of carriage with the view of boarding, landing, shipment, delivery or transshipment, then any damage, unless the contrary is proved, is considered the consequence of an event that occurred during the time of an air transportation. If a carrier fully or partially replaces a transportation that is to be performed, by mutual agreement of the parties, via air transport, by a transportation via any other mode of transport, such transportation is considered to be the transportation performed during the time of an air transportation.
- In case of intermodal transportations performed in part via air transport and in part via any other mode of transport, the provisions of these Rules with due consideration of item 1 of this section is applicable to air transportation only.
- No provision of these Rules prohibits the parties from including the items concerning transportations via other modes of transport into the ticket with the proviso that the provisions of these Rules are applicable to air transportations only.
- A transportation via other modes of transport with due consideration of item 1 of this section will be offered by the air carrier only in the capacity of an agent of such other carrier, even if such transportation is marked under an airline’s code in the ticket.
- The liability of the air carrier for any improper passenger transportation, destruction, loss, damage, delay in luggage transportation that occurred during the time of the transportation via such other modes of transport is limited to the sum paid by a passenger for such transportation.
- The provisions of this section are applicable when a person (hereinafter referred to as the carrier under the contract) as a principal party concludes a contract of carriage with a passenger or with a person acting on the passenger’s behalf, and the other person (hereinafter referred to as the actual carrier) as an authorized carrier under the contract performs the whole transportation or its part, not, however, being a consistent carrier with relation to the part in question within the meaning of section 22 of Rules.
- In case of performing the transportations stipulated by item 1 of this section, the carrier under the contract comes within the purview of these Rules and the Regulations of the Ministry of Infrastructure of Ukraine with relation to the whole transportation, and the actual carrier only with relation to the transportation he or she performs.
- The extent of the liability of the actual carrier and the carrier under the contract is limited by the norms determined by these Rules and the Regulations of the Ministry of Infrastructure of Ukraine.
- The execution of charter flights is regulated by the corresponding aviation regulations of Ukraine. The air carrier performing charter flights determines when concluding a contract on the execution of charter flights the rendering of services and the refund that are stipulated by these Rules.
- Tickets for charter flights are not valid until the payment of the cost of a charter flight to the air carrier.
- The refund and the acknowledgement of reservations are made in accordance with the terms of the agreement between
- Tickets for charter flights are valid only for carriage on the dates and for the flights specified on tickets. Depending on whether there are vacant seats available, the customer of a charter flight may change the dates of departure and return of the flight providing that such changes are approved by the customer of the flight (tour operator – the carrier under the contract) with passengers and the actual carrier (the performer of the flight – the air carrier).
- Tickets for charter flights provide limitations (or exclude) the rights of passengers to change or cancel reservations. Tickets for charter flights, upon which a tourist trip with all services (direct and reverse flights, transfer, accommodation, meals) was paid, may provide additional terms and restrictions, determined by the carrier under the contract for the tour including all limitations.
- The provisions specified in chapters 4, 5 of section 4, sections 5, 6, sections 19 of these Rules are not applicable to a charter flight.
- The passenger is responsible for obtaining all required travel documents: visas, permissions, certificates etc., as well as the fulfillment of all applicable laws concerning exit, entry and the transit of the country of departure, arrival and transit; The air carrier is not responsible to a passenger for the consequences that the latter did not obtain such documents or did not fulfill such applicable laws.
- A passenger must show at the air carrier’s request to the air carrier’s authorized persons, the representatives of corresponding public authorities all documents for exit, entry, transit, on the state of health and other documents required by the applicable laws, and allow the air carrier to make their copies and keep them or keep by any other means the data contained in the corresponding documents. The air carrier is entitled refuse to transport a passenger who did not observe the applicable laws or whose documents are not executed properly.
- The air carrier is not liable for refusing a passenger to enter the country.
- The Passenger must at the request of the air carrier or public authorities pay the appropriate fare for return transportation, if he or she is required to return to the departure point or any other place on account of the refusal the destination country to take such passenger irrespective of whether this country is a point of destination or a transit country. The air carrier is entitled use for the payment of such transportation the funds from any previously paid by the passenger funds that remained at the air carrier’s disposal for the unused carriage, or any other passenger’s funds at the air carrier’s disposal.
- The air carrier is entitled not to refund the sums paid by the passenger for performed transportation to the place where the passenger was refused entry or to the place of deportation.
- If the air carrier is required to pay or deposit any sum, to pay a fine or to ensure a financial guarantee owing to the fact that a passenger failed to fulfill the requirements of applicable laws, or did not show the required travel documents, or showed forged documents or documents containing false information, than the passenger must at the air carrier’s request reimburse him the paid or deposited sum and other air carrier’s expenses related to it.
- The air carrier is entitled to use for the recovery of such expenses any previously paid by the passenger to the air carrier funds remained at the disposal of the latter for the unused carriage, or any passenger’s funds at the air carrier’s disposal, or may refuse transportation if the passenger failed to reimburse such expenses to the air carrier.
- In the course of international transportations passengers, their checked luggage and hand luggage must pass security control and passport control, and other types of control at the request of customs and other authorized bodies.
- In the course of domestic transportations a passenger, his checked luggage and hand luggage must pass safety control and other types of control at the request of authorized bodies.
- The air carrier is held responsible for damage that caused death or injury of a passenger only upon condition that the event that caused the death or injury occurred on the board of an aircraft or during boarding or disembarking of passengers.
- The air carrier is liable for the damage caused in the case of destruction, loss or damage to checked luggage only upon condition that the incident which caused the destruction, loss or damage to luggage occurred on the board of an aircraft or when the carrier was responsible for the safety of checked luggage, but the carrier is not liable for damage to luggage because of its defects, quality or flaws. Concerning the unchecked luggage, including the passenger’s personal belongings, the air carrier is held responsible if the damage was inflicted by his fault or by the fault of his employees or handling agents.
- If the air carrier admits the loss of checked luggage or if the checked luggage did not arrive within 21 days from the date it was due to arrive, the passenger may present to the air carrier claims arising from the contract of carriage.
- The air carrier is liable for the damage caused by the delay in the air transportation of passengers and luggage, however, the air carrier is not liable for the damage caused by the delay if he or she proves that he or she, his or her employees and agents (sales and/or handling ones) took all possible measures to prevent the damage, or that he or she (they) were not capable of taking such measures.
- In any case, the liability of the air carrier for the improper transportation is limited by actual damages proved by the passengers.
- If the air carrier proves that the damage was caused or the negligence, wrongful act or omission of the person claiming compensation, or the person from whom his or her rights derive contributed to it, the air carrier is wholly or partly exempted from liability to the person claiming compensation in the amount in which such negligence or wrongful act or omission caused or contributed to the damage.
- If a claim for the compensation in connection with death or injury suffered by a passenger was presented by a person other than the passenger, the air carrier is also wholly or partially exempted from the liability so far as he or she proves that negligence or other wrongful act or omission of the passenger caused or contributed to the damage.
- The air carrier cannot exclude or limit his or her liability for the damage that caused death or injury of a passenger under the conditions specified in chapter 1 of this section, to the sum in the amount of 11,310 SRL per passenger.
- The air carrier is not liable for the damage that caused death or injury to a passenger and the sum of which exceeds the amount specified in item 1 of this chapter, under the conditions specified in chapter 1 of this section, if the air carrier proves that:
- – such damage was not caused by the negligence or other wrongful act or omission of the air carrier or his employees or handling agents; or
- – such damage was caused solely as a result of the negligence or other wrongful act or omission of the third party.
- The air carrier must promptly, but in any event not later than fifteen days after the identification of the natural person entitled to compensation, make an advance payment, which shall not be less than 16,000 SRL.
- During the ticketing, the air carrier provides a passenger the principal provisions regulating the liability of the air carrier to the passenger and for his luggage in a written form. Moreover, the air carrier provides a passenger a written notice on the applied limitation of the air carrier’s liability to the passenger and the luggage.
- The liability of the air carrier for the damage caused by the delay during the passenger transportations of any flight, is limited to the sum of 4694 SRL for each passenger.
- The liability of the air carrier in case of destruction, loss, damage or delay in the transportation of checked luggage is limited to the sum of 1131 SRL (for the minimum norm of gratuitous carriage determined by the authorized body on civil aviation) for each passenger. The air carrier is not liable for the damage caused as a result of the delay, if he or she proves that he or she, his or her employees and handling agents took all measures that could be necessary to prevent the damage, or that they were not capable of taking such measures.
- In case of the carriage of luggage with declared value the liability of the air carrier is determined by the sum of the declared value of luggage.
- The provisions specified in items 1, 2 and 3 of this chapter are not applicable if it is proved that the damage is a result of the act or the omission of the air carrier, his employees or handling agents committed with the view of inflicting a damage, or owing to the criminal negligence and with the realization of the fact that such actions can result in inflicting a damage, upon the condition that in case of committing such act or commission of an employee or a handling agent it is also proved that this employee or agent acted within the scope of his or her obligations.
- The limitations of liability determined by chapters 4, 5 of this section do not preclude a court from making a supplementary decision in accordance with the applicable laws of the reimbursement of all or the part of legal costs and related litigation costs incurred by the plaintiff, including interest, with the exception of cases, if a sum assigned as the reimbursement of damage, except for legal costs and other litigation costs does not exceed the sum that the air carrier proposed in writing to the plaintiff within the six months from the date of inflicting the damage or before the beginning of the trial, if this date is later.
- The sums specified in the Special Drawing Rights in this section are considered as relating to the Special Drawing Right as they are defined by the IMF. The conversion of such sums in national currency in the event of litigation or claims of passengers is performed in accordance with the value of currencies in special drawing rights on the date of the court decision or making the air carrier’s decision on a passenger’s claim.
- Any lawsuit on the liability of the air carrier with relation to the inflicted damage during the transportation can be filed in accordance with the terms and limitations of liability envisaged by Monreal Convention and the current legislation of Ukraine, without damage for determining a scope of persons entitled to a lawsuit and their corresponding rights.
- Total sum of compensation that can be received from the actual carrier that performed the transportation, from the carrier under the contract, his employees and sales/handling agents that acted within the scope of their obligations cannot exceed the maximum compensation, which on the basis of these Rules and the regulations of The Ministry of Infrastructure of Ukraine can be levied on the carrier under the contract or on the actual carrier, and none of the mentioned parties is liable to the extent bigger that the limit of compensation applicable to this person.
- If a lawsuit is filed to an employee of the air carrier or to an agent of the air carrier (sales and/or handling one) with relation to the damage that is described in these Rules, the employee or the agent of the air carrier (sales and/or handling one) in question, if he or she proves that he or she acted within the scope of the job description, he or she is entitled to cite terms and limitations of compensation, which the air carrier himself is entitled to cite.
- The air carrier must examine the claim and inform the submitter on its satisfaction or dismissal with the substantiation of the grounds within three months from the date of its receipt, if the transportation, in respect of which the claim was presented, was fully carried out by one carrier.
- If other carriers were involved in such transportation, the term for the consideration of a claim can be extended to six months with taking current rules on regulating the claims by such carriers into account.
- Claims are considered according to the procedure established by the carrier. Upon receiving a claim, the air carrier depending on its complexity and the sufficiency of claim documents, the lack of which makes it impossible to consider the claims on the merits, sends to the applicant within 15 days from the registration of the claim a request message informing the applicant of the receipt of the claim, the need in the submission of supporting documents and and the terms of consideration of the claim after receiving the documents missing.
- In case of the death of a person that bears liability, the claim for damages is filed in accordance with the terms of this section to the legal successors that represent such person on legal grounds and dispose of his or her property.
- Any claim on the liability regarding the transportation performed by the actual carrier can be filed at the plaintiff’s discretion to this carrier or to the carrier under the contract or to both – together or separately. If a claim is filed to only one of these carriers, he is entitled to initiate the involvement of the other carrier in the trial.
- In case if the air carrier pays a compensation or renders services stipulated by these Rules, none of the provisions of this section regulate the issue whether a person liable for the damage under the provisions of these Rules has a right of recourse to any other person.
- Chapter 2. The procedure on presenting claims and filing lawsuits regarding improper passenger carriage
- If a claim is presented for the reimbursement of the damage caused by the delay in the transportation of a passenger, the sum of a compensation is limited to the sum specified in item 1 of chapter 5 of section 27 of these Rules. The sum of the claim must be substantiated by an interested person.
- Claims on the liability of the air carrier on the improper carriage of a passenger must be filed at the plaintiff’s discretion to a court at the place of the air carrier’s registration, at the location of his headquarters or at the location of the air carrier’s office where the contract of carriage was concluded, within time period according to the current legislation from the date of his arrival to the destination or from the date on which the aircraft was due to arrive at the destination or from the date when the transportation was terminated.
- Claims on the air carrier’s liability on the improper carriage of a passenger can be filed within time period determined by the current legislation without prior claims to the air carrier.
- The claim on the liability for the damage caused by the death or injury of a passenger may be filed to the corresponding court in the territory of a state party that acceded to the Montreal Convention, where the passenger had principal and permanent residence at the time of the event and to / from which the air carrier provides services related to air transportations of passengers on his or her own aircraft or the aircraft of another carrier under a commercial agreement, and in which that carrier performs activities related to air transportation of passengers using facilities leased by the carrier or other carrier with which he or she has a commercial agreement or which belong to him or such other carrier.
- The right to compensation is lost if the claim of liability is not filed within the period under the Montreal Convention and the current legislation of Ukraine on the date of arrival at destination, or the date when the aircraft was due to arrive, or the date of the termination of transportation.
- The receipt of checked luggage by a person entitled to its receipt without presenting claims presupposes, unless the contrary is proved, that the luggage was shipped in proper condition and in accordance with a carriage document or a record kept by other means of information storage.
- A passenger must certify the opposite by executing a Property Irregularity Act (PIR) before exiting the luggage room of an airport.
- In the case of improper transportation of checked luggage, a passenger must send the claim to the air carrier immediately after the discovery of damage (the loss of a part of luggage content) and within seven days from the receipt of checked luggage. In the case of a delay in the transportation of luggage, a claim must be presented within 21 calendar days from the date when the luggage was transferred to a passenger’s disposal.
- Claims for the loss of luggage are file to the air carrier after the luggage is considered lost. A luggage is considered to be lost if it is not found by search results within 21 calendar days following the date of its due arrival at a destination point In such event, a claim to the air carrier must be filed within two years from the date of the arrival of an aircraft to a destination point, or from the date when it was due to arrive to the destination point, or from the date when the transportation was terminated.
- Any claim on the improper transportation of luggage must be submitted in writing and handed or sent within the time period specified in item 2 of this chapter. A claim must be supported by all necessary documents confirming that a passenger is entitled to demand the compensation depending on the subject of a claim, including a ticket (itinerary receipt), fiscal receipts of payment, excess luggage payment receipt, claim ticket, property irregularity act, delay certificates and other documents that can facilitate the consideration of a claim. The sum of a claim must be substantiated by an interested person.
- The liability of the air carrier for destroyed or lost luggage is limited to the sum specified in item 2 of chapter 5 of section 27 of these Rules.
- If a claim if filed with relation to the partially lost luggage, the compensation is calculated on the basis of the weight of the lost luggage and the cost of 1 kg. The cost of 1 kg of the compensation of partially lost luggage is calculated on the basis of the established amount of compensation, according to item 2 of chapter 5 of section 27 of these Rules and the minimum norm of gratuitous luggage transportation established by an authorized body on civil aviation.
- If a claim is filed regarding the compensation of the partially lost luggage with its weight not exceeding 1 kilogram, than weight indices specified in recommended IATA practices may be employed for the compensation of the cost of partially lost luggage.
- If a claim is filed towards the damage to the packaging of luggage, the subject of the compensation is the expenses on its repairs. In case if the further use of the damaged packaging of the luggage is impossible, the subject of compensation is its value confirmed by an interested person. If an applicant has no documents that could confirm the cost of the damaged packaging of the luggage., compensation is performed in the same fashion as in partially lost luggage..
- The air carrier is not liable for the following damages to the luggage:
- – broken wheels and legs of suitcases etc; lost straps and eyelets;
- – superficial abrasions and scratches, damages as a result of excessive suitcase filling;
- – damages to a handle of a suitcase or a bag;
- – damages to brittle items or perishable goods;
- – damages to improperly packaged items.
- If a claim is filed for the compensation of damage caused by delay in the transportation of luggage, the amount of compensation is limited to the sum specified in item 2 of chapter 5 of section 27 of these Rules. The sum of a claim must be substantiated by an interested person.
- In the absence of claims referred to in paragraphs 2 and 3 of this chapter in the terms for international air transportations no claims against the air carrier on improper luggage transportations are accepted, except for the cases of fraud by the carrier. On domestic flights, claims on improper luggage transportation are gfiled in accordance with the current legislation of Ukraine.
- Claims on the liability of the air carrier on the improper carriage of luggage must be filed at the plaintiff’s discretion to a court at the place of the air carrier’s registration, at the location of his headquarters or at the location of the air carrier’s office where the contract of carriage was concluded, within time period according to the current legislation from the date of his arrival to the destination or from the date on which the aircraft was due to arrive at the destination or from the date when the transportation was terminated.
- The right to compensation is lost if the claim of liability is not filed within the period under the Montreal Convention and the current legislation of Ukraine on the date of arrival at destination, or the date when the aircraft was due to arrive, or the date of the termination of transportation.
- The provisions of this section apply to the air carrier and his sales/handling agents that perform the execution of tickets for air transportations on the territory of Ukraine.
- The air carrier (his sales agent) must arrange for the following information to be readily available to the customers in the office of the execution of transportations:
- – its full name and location;
- – copies of documents (licenses, certificates) on the execution of transportations (sales of transportations);
- – telephone number of a local authority on consumer rights protection;
- – customer comment book.
- The air carrier (his sales agent) during the execution of tickets must bring the following information to the passenger’s knowledge:
- – THE REGULATIONS OF THE MINISTRY OF INFRASTRUCTURE OF UKRAINE;
- – these Rules on the transportations of passengers and luggage – on paper as a booklet to passengers (if the tickets are sold on-line via the Internet – in electronic form on the website, through which the reservation of tickets is made);
- – the cost of a transportation on a corresponding route – in oral form at the point of sale during the reservation (if the tickets are sold on-line via the Internet – in electronic form on the website, through which the reservation of tickets is made, or by specifying relevant information in an itinerary receipt);
- – cost, terms and limitations during the transportation under a special fare – in oral form during the reservation (in case of electronic tickets – through the website, through which the reservation of tickets is made);
- – administrative formalities during the trip on a corresponding route – in oral form during the reservation;
- – the limitations of the air carrier’s liability during the transportation of a passenger and a luggage – in a ticket or in an itinerary receipt;
- – Rights of passengers in case of denied boarding, flight cancellation or delay;
- – items and goods forbidden to transport – in a ticket or itinerary receipt;
- – limitations on the transportation of physically impaired people and the need to order special service during the reservation.
- The air carrier, while pursuing promotional actions, should provide the public with full information on the cost of transportation, which should include the amount of fare and the rate of airport charges / taxes and duties (taxes) of the carrier.
- When buying a ticket, a passenger unconditionally accepts all terms of a contract of carriage as well as the air carrier’s Carriage regulations.
- The air carrier must publish the Rules on a web-site
- The supervision of the compliance with these Rules is placed on the administration of Dart Aircompany Ltd and on the authorized body on the civil aviation of Ukraine.
- The air carrier, a sales agent, a handling agent must prove in the course of a supervision that they and their actions conform to the established requirements. The air carrier and his or her agents must be prepared to enable the corresponding public authority to conduct inspections during the operations of carriage and service of passengers and luggage to demonstrate that such operations meet the established requirements.
- The Head of the transportations division O Grebenko